9-100-090  Hearing – Determination of liability or of no liability – Petition.
   (a)   Upon conclusion of a hearing under Section 9-100-080, the administrative law officer shall issue a determination of no liability or of liability in the amount of the fine for the relevant violation as provided in Section 9-100-020. Upon issuance, such determination shall constitute a final determination for purposes of judicial review under the Administrative Review Law of Illinois.
   (b)   If a person fails to respond to the violation notice or any second notice of violation required by Section 9-100-050(d)(1), a determination of liability shall be entered against the respondent and shall be served upon the respondent in accordance with Section 9-100-050(f). Such determination shall become final for purposes of judicial review under the Administrative Review Law of Illinois upon the denial of, or the expiration of the time in which to file, a timely petition to set aside the determination as provided in subsection (c) of this section.
   (c)   Within 21 days from the issuance of a determination of liability pursuant to subsection (b) herein, the person against whom the determination was entered may petition the traffic compliance administrator by appearing in-person, at the location specified in the determination, to set aside the determination; provided, however, the grounds for the petition shall be limited to: (1) the petitioner not having been the owner or lessee of the cited vehicle on the date the violation occurred; (2) the petitioner having already paid the fine or penalty for the violation in question; or (3) if the traffic compliance administrator determines that the petitioner's failure to appear was for good cause; provided that a determination of liability shall be set aside at any time if the person establishes that the petitioner was not provided with proper service of process. The petitioner shall appear with appropriate evidence so that if the petition is granted, he is prepared to proceed immediately with a hearing on the merits.
(Prior code § 27.1-9; Added Coun. J. 3-21-90, p. 13561; Amend Coun. J. 7-12-90, p. 18634; Amend Coun. J. 3-26-96, p. 19161, effective 1-1-97; Amend Coun. J. 4-29-98, p. 66564, § 2; Amend Coun. J. 5-6-15, p. 108500, § 3; Amend Coun. J. 10-28-15, p. 11951, Art. I, § 11)